APYACC art probe could refer cases to police

David Prestipino
David Prestipino Published July 25, 2023 at 3.40pm (AWST)

A South Australian government-appointed panel will conduct a wide-ranging investigation into the APY Arts Centre Collective after allegations of interference in First Nations art.

SA Arts Minister Andrea Michaels on Monday revealed the terms of reference for the joint government probe, which will review the organisation's governance, management and practices.

The panel will also probe allegations of bullying, coercive control and interference in Aboriginal art, after vision emerged of non-Indigenous staff painting substantial sections of First Nations art at the APYACC's studios in SA.

Highly-regarded Australian National University professor and arts expert Brenda Croft was a leading candidate to head the investigation, but she was rejected as a panelist at the 11th hour for not being "the right fit... the right type of Aborigine", according to The Australian, which first broke the allegations.

Ms Michaels said she was confident panel members Megan Krakouer, Cameron Costello and Anne Sibree had the required experience to conduct "a culturally safe independent consideration and assessment of the allegations and the operations of APYACC".

"This review is about ensuring that Aboriginal artists are being respected and that the integrity of their art is being maintained," she said.

Ms Sibree, from Selbey Street Chambers, was a senior solicitor in In House Counsel in the Aboriginal Legal Rights Movement and has more than a decade of experience.

Ms Krakouer is a Menang woman from Western Australia and director of the National Suicide Prevention and Trauma Recovery Project. She has worked on legal issues for the National Justice Project.

Mr Costello is a Quandamooka man and deputy chair of the Queensland Tourism Industry Council and the interim chair of the Queensland First Nations Tourism Council.

Illegal activity or misconduct ­uncovered by the investigation into the management of the APYACC could be referred to ­"investigative or regulatory bodies", including the police.

The investigation will assess if false and fraudulent documents were submitted in government funding applications, payments made to artists and the APYACC's business plan and statements from management about its operations.

The APYACC and its chief executive Skye O'Meara have denied any wrongdoing but current management, including Ms O'Meara, have refused to stand down despite two state government arts ministers overseeing the investigation – the Northern Territory's Chansey Paech and Ms Michaels – urging her to do so.

Details of the investigation into the APYACC have coincided with revelations the embattled arts centre last last month was expelled from the Indigenous Art Code (IartC), the industry body tasked with policing ethical standards in the sector.

The industry watchdog had been conducting a long-running investigation into APYACC.

The APYACC said in a statement it had "received notification its membership of the Indigenous Art Code has been revoked".

"APYACC stands ready to participate in independent inquiries into untested allegations concerning APYACC published in The Australian. We are confident in our ability to demonstrate the falsity of these allegations in any investigation in which they are appropriately put to us, with due process and natural justice," a statement said.

"Our request, for the IartC to put allegations to us with precision for APYACC to be able to fairly respond to them, was denied.

"The IartC's prejudgment in relation to these untested allegations is extremely premature.

"We joined IartC as a foundation member in the hope of improving from within the very serious issues of blatant exploitation of Indigenous artists present in our industry."

Since the allegations against the APY ACC were raised, the National Gallery of Australia announced its own review of the authenticity of 28 First Nations paintings set to be featured in its highly-publicised exhibition of APY Lands artists in June.

The 'Ngura Pulka - Epic Country' exhibition has since been postponed while the gallery's own review continues.

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